WARNING – BE SURE TO READ ALL LEASE TERMS & ask for set of HOA CCRs to review before signing a lease in a restricted covenant subdivision/complex.
The answer to the question is: That all depends on the lease, the HOA CCRs (Conditions, Covenants and Restrictions) and whether the Landlord actually pays them.
So what if the Landlord is supposed to pay the HOA fees but doesn’t?
Does your lease outline who is supposed to pay the HOA fees?
Do the HOA CCRs outline what happens if the HOA fees remaain unpaid?
I know someone who is leasing a condo, the owner has not paid the HOA fees, and the HOA CCRs can charge the tenant for the unpaid fees per the HOA CCRs. The only recorse for the tenant at that point is to sue the Landlord for the unpaid fees and damages.
Note: Definition of HOA CCRs per my earlier RealEsate Definitions and Terminology blog post as follows:
HOA CCRs (Conditions, Covenants, and Restrictions): This is a set of rules of which you must comply as a condition of home ownership in the community. The CCRs usually establish Board Member election guidelines; power of the Board members; and guidelines on what is and isn’t acceptable on the exterior of your home and in your yard. Pros: Ensures look of community is retained and kept maintained. Con: Restricts exterior house colors; fence styles; and items you can place in the yard.